I want to file for an annulment it's my first choice to get out of a marriage that lasted less than 5 months, but can I?
Tristan's answer
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Answered on April 28, 2021
You need grounds in California to file for an annulment. Common grounds include duress, fraud, incest, bigamy and incapacity. Absent a ground you...
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Is this legal?
Tristan's answer
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Answered on April 28, 2021
Do you have a custody order? If you believe that the current arrangement is not in the best interests of your son you may seek to modify the...
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Does a spouse who is in the process of divorcing his/her partner have to pay for his/her partner's defense attorney's fees?
Tristan's answer
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Answered on April 28, 2021
If the parties are separated the attorney fees would be the separate debt of the party incurring the debt. Other arguments might also be made...
I am paying half of the mortgage, but my name is not on the deed.? What rights do I have? My daughter stated I have to leave?
Tristan's answer
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Answered on April 28, 2021
You have the rights of a tenant. You may also have a constructive or resulting trust if you have invested money, such as a down payment, into the...
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Can I ask for an FL-142 to be completed again years later into a divorce?
Tristan's answer
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Answered on April 28, 2021
The parties are under a duty to augment their disclosures. You may serve the form interrogatories on him more than once. If he does not comply,...
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Is there a motion to be filed that says that if parties do not mediate nor arbitrate by a certain date then case go to trial?
Tristan's answer
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Answered on April 27, 2021
Some prenuptial agreements require mediation - but typically mediation is not a requirement in divorce cases except on custody issues. You could...
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How is child support divided?
Tristan's answer
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Answered on April 27, 2021
Child support is determined under FC 4055. This is a formula. If your marry the obligor, your income will not apply except to determine his tax...
Can the mother of the father of my child file a custody case in his name if she has power of attorney over him?
Tristan's answer
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Answered on April 27, 2021
This is difficult to answer without reviewing the terms of the power of attorney documents. If the terms of the document grant a limited power of...
Archived
OOn mediation for modifications of custody does my children father have his legal aide lawyer represent him. ?
Tristan's answer
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Answered on April 27, 2021
A party to mediation may have an attorney that he or she consults with. In fact most mediators advise the parties to discuss the terms of...
Does a mother have the right to have her baby living in Mexico if parents are separated?
Tristan's answer
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Answered on April 27, 2021
Under the UCCJEA, custody will be determined according to the home state (as defined in the UCCJEA) of the child. Citizenship is not the key. t
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